A/HRC/44/49
D.
Public health disinformation
41.
In a speech delivered at the Munich Security Conference on 15 February 2020, the
Director-General of WHO noted that “fake news spreads faster and more easily than this
virus, and is just as dangerous”. WHO has noted the emergence of what it calls, an
“infodemic” which involves “the rapid spread of information of all kinds, including
rumours, gossip and unreliable information”.48 Public health authorities around the world
have been legitimately concerned about disinformation during the COVID-19 pandemic.
Unreliable information, particularly when disseminated by individuals with significant
platforms, can cause grave harm, whether maliciously intended or not. WHO has stated that
“successful management of infodemics will be based on (1) monitoring and identifying
them, (2) analysis of them, and (3) control and mitigation measures”.49
42.
As noted above, the thrust of the WHO guidance emphasizes risk communication,
including engagement with rumours in order to correct them. This general guidance, silent
on whether prohibiting false information is legitimate, nonetheless suggests consistency
with the position taken by human rights monitors and experts. The principles of legality and
necessity should be applied to any approach to disinformation. In particular,
“disinformation” is an extraordinarily elusive concept to define in law, susceptible to
providing executive authorities with excessive discretion to determine what is
disinformation, what is a mistake, what is truth. Moreover, as emphasized in a recent joint
statement issued by freedom of expression monitors of the United Nations, the
Organization for Security and Cooperation in Europe and the Inter-American Commission
for Human Rights, “any attempts to criminalise information relating to the pandemic may
create distrust in institutional information, delay access to reliable information and have a
chilling effect on freedom of expression”. 50 In other words, the penalization of
disinformation is disproportionate, failing to achieve its goal of tamping down information
while instead deterring individuals from sharing what could be valuable information.
43.
Information management may be seen through the lens of government obligations
and company responsibilities, particularly companies involved in Internet searching or
social media.
1.
Governments and pandemic disinformation
44.
While much of the public discussion concerning false pandemic information
concerns the steps government and private companies should take to remove such
information or punish those who spread it, it is important to begin with government itself.
In their 2017 joint declaration on freedom of expression and “fake news”, disinformation
and propaganda, a set of simple and seemingly obvious points was set out. This included
the following:
State actors should not make, sponsor, encourage or further disseminate statements
which they know or reasonably should know to be false (disinformation) or which
demonstrate a reckless disregard for verifiable information (propaganda).
State actors should, in accordance with their domestic and international legal
obligations and their public duties, take care to ensure that they disseminate reliable
and trustworthy information, including about matters of public interest, such as the
economy, public health, security and the environment.51
45.
Unfortunately, there are numerous instances of State actors disseminating unverified
and often reckless claims about the origins of the COVID-19 virus, the responsibility for
the pandemic, the presence or extent of COVID-19 in their country and the availability of
drugs to counter the symptoms, and other harmful assertions. Such claims, which are
48
49
50
51
WHO, Managing Epidemics, p. 34.
Ibid.
“COVID-19: Governments must promote and protect access to and free flow of information during
pandemic – international experts“, 19 March 2020.
Paragraph 2 (c) and (d) of the joint declaration.
13
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